Legal Opinion

People Ex Rel. New York Central Railroad v. Public Service Commission

New York Court of Appeals

Decided March 7, 1922PublishedCited by 15 opinions

Appeal, by permission, from an order of the Appellate Division of the. Supreme Court in the third judicial department, entered February 28, 1921, which dismissed a writ of certiorari and confirmed a determination of the public service commission directing the relator to extend its tracks to connect with the Lehigh Valley Railroad Company at Batavia.

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Appeal, by permission, from an order of the Appellate Division of the. Supreme Court in the third judicial department, entered February 28, 1921, which dismissed a writ of certiorari and confirmed a determination of the public service commission directing the relator to extend its tracks to connect with the Lehigh Valley Railroad Company at Batavia. The public service commission has no jurisdiction over this matter, for the federal Act to Regulate Commerce was amended in 1920, so as to give the interstate commerce commission exclusive jurisdiction over an interchange such as is asked for in…

1Opinion of the CourtHogan, J.

The relator, New York Central Railroad Company, and the Lehigh Valley Railroad Company are severally engaged as common carriers in interstate and intrastate commerce. The main line of the road of relator runs easterly and westerly through the northerly part of the city of Batavia, which is located about midway between the city of Rochester and the city of Buffalo. The Lehigh Valley Company’s road runs in an easterly and westerly direction through the southerly portion of the city of Batavia about one mile southerly of the center of the city and the roadbed of relator’s road. Interchange of…

2Cases cited4 opinions

  1. Chicago, Rock Island & Pacific Railway Co. v. Hardwick Farmers Elevator Co.Supreme Court of the United States · 1913
  2. Erie Railroad v. New YorkSupreme Court of the United States · 1914
  3. People ex rel. New York Central Railroad & International Railway Co. v. Public Service CommissionAppellate Division of the Supreme Court of the State of New York · 1917
  4. People ex rel. New York Central Railroad v. Public Service CommissionNew York Court of Appeals · 1918

3Cited by15 opinions

  1. Alabama & Vicksburg Railway Co. v. Jackson & Eastern Railway Co.Supreme Court of the United States · 1926
  2. Interstate Commerce Commission v. United States Ex Rel. Los AngelesSupreme Court of the United States · 1929
  3. Atchison, Topeka & Santa Fe Railway Co. v. Railroad CommissionCalifornia Supreme Court · 1922
  4. Chicago, R. I. & P. Ry. Co. v. StateSupreme Court of Oklahoma · 1923
  5. Board of Hudson River Regulating District v. Fonda, Johnstown & Gloversville RailroadNew York Court of Appeals · 1928

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